La. Admin. Code tit. 33 § VII-10525

Current through Register Vol. 50, No. 6, June 20, 2024

Section VII-10525 - Standards and Responsibilities of Waste Tire Processors

A. Before receiving a shipment of waste tires from a relocated generator (one from which, the processor has not previously received shipments) or one that has changed ownership, the processor shall verify, using the Generator List on the departments website, that the generators status is active and determine the generators status as eligible or ineligible. If waste tires originating from an ineligible generator are marked eligible on the manifest, the processor shall follow the procedures outlined in LAC 33:VII.10534.B.7 for correcting a discrepancy on the manifest. The processor shall notify the administrative authority upon becoming aware of generators who have not registered.

B. Receipt of Tires

1. Upon receiving a shipment containing waste tires, the processor shall be responsible for verifying the number of eligible and ineligible waste tires in the shipment by actually counting each waste tire. The processor shall sign each waste tire manifest upon receiving the waste tires. Permitted processors with an agreement with the administrative authority can be reimbursed from the waste tire management fund for only those eligible tires accepted from authorized Louisiana transporters or from generators as specified in LAC 33:VII.10519.L.

2. Processors may accept no more than 20 unmanifested waste tires from a person, per day, per vehicle. However, the processor will only be eligible for reimbursement from the waste tire management fund for five of the unmanifested waste tires received, provided the tires are defined as program eligible waste tires. The processor shall maintain the unmanifested waste tire log on a form provided by the administrative authority for all unmanifested waste tires. The log shall include, at the minimum, the following:

a. the name, address, phone number, and drivers license number with state of issuance of the person delivering the waste tires;

b. the license plate number of the vehicle delivering the tires;

c. the number, type, and whether the tires are eligible or ineligible;

d. the date and the signature of the person delivering the tires; and

e. an explanation of how the waste tires were generated.

C. No processor shall list on the unmanifested waste tire log an ineligible tire as eligible.

D. On a form available on the departments website, all processors shall submit a monthly report on or before the twelfth day of each month. That monthly report shall include:

1. waste tire facility reports and application for payment;

2. generator manifests in accordance with LAC 33:VII.10534.B;

3. processor manifest in accordance with LAC 33:VII.10534.C;

4. monthly collection center reports, if applicable;

5. unmanifested waste tire logs;

6. Louisiana Department of Agriculture and Forestry certified scale-weight tickets including gross, tare, and net weights; and

7. any other documentation requested by the administrative authority.

E. Permitted processors who have an effective processors agreement shall submit an annual report on all approved end-market use projects to the administrative authority. This report is due no later than January 31 of each year for the previous years activities, and shall identify approved projects, the amount of all whole waste tires and/or waste tire material used in each approved project within the last year, and the date of completion of each project, if applicable.

F. Waste tire processors shall provide completed copies of waste tire manifests to the appropriate waste tire generator within 30 days of the origination date of the manifest and shall comply with all other requirements of LAC 33:VII.10534.

G. All waste tire processors shall meet the following standards:

1. control ingress and egress to the site through a means approved by the administrative authority, with at least one entrance gate being a minimum of 20 feet wide;

2. maintain a buffer zone of 100 feet. Waste tires and waste tire material shall not be placed in the buffer zone. A reduction in this requirement shall be allowed only with permission, in the form of a notarized affidavit, from all landowners having an ownership interest in property located less than 100 feet from the facility. The processor shall enter a copy of the notarized affidavit(s) in the conveyance records of the parish or parishes in which the landowners properties are located;

3. prohibit open burning;

4. enter into a written agreement with the local fire department regarding fire protection at the facility;

5. develop and implement a fire protection and safety plan for the facility to ensure personnel protection and minimize impact to the environment;

6. provide suitable drainage structures or features to prevent or control standing water in the waste tires, waste tire material, and associated storage areas;

7. control all water discharges, including stormwater runoff, from the site in accordance with applicable state and federal rules and regulations;

8. maintain an acceptable and effective disease vector control plan approved by the administrative authority;

9. maintain waste tires and waste tire material in piles, the dimensions of which shall not exceed 10 feet in height, 20 feet in width, and 200 feet in length or in such dimensions as approved by the administrative authority. The number of piles shall be based on the maximum amount of waste tires and/or waste tire material to be stored in accordance with Paragraph G.12 of this Section, the dimensions of the piles, and an appropriate industry standard density;

10. maintain lanes between piles of waste tires and/or waste tire material a minimum width of 50 feet to allow access by emergency vehicles and equipment;

11. ensure that lanes to and within the facility are free of potholes and ruts and be designed and maintained to prevent erosion;

12. store no more than 60 times the daily permitted processing capacity of the processing facility. The daily capacity of the facility shall be calculated using the daily throughput of the limiting piece of processing equipment and the daily operating hours of the facility;

13. upon ceasing operations, processors shall ensure clean closure;

14. all waste tire facility operators shall maintain a site closure financial assurance fund in an amount based on the maximum number of pounds of waste tires and/or waste tire material that will be stored at the processing facility site at any one time. This fund shall be in the form of a financial guarantee bond, performance bond, or an irrevocable letter of credit in the amount of $20 per ton of waste tires and/or waste tire material on the site. A standby trust fund shall be maintained for the financial assurance mechanism that is chosen by the facility. The financial guarantee bond, performance bond, irrevocable letter of credit, or standby trust fund must use the exact language included in the documents in LAC 33:VII.11103. Appendix B. The financial assurance must be reviewed at least annually;

15. an alternative method of determining the amount required for financial assurance shall be as follows:

a. the processor shall submit to the administrative authority an estimate of the maximum total amount by weight of waste tire material that will be stored at the processing facility at any one time;

b. the processor shall also submit to the administrative authority two independent, third-party estimates of the total cost of cleaning up and closing the facility, including the cost of loading the waste tire material, transportation to a permitted disposal site, and the disposal cost; and

c. if the estimates provided are lower than the required $20 per ton of waste tires and/or waste tire material, the administrative authority shall evaluate the estimates submitted and determine the amount of financial assurance that the processor is required to provide;

16. financial assurances for closure and post-closure activities must be in conformity with the standards contained in LAC 33:VII.1303 and the sample documents in §11103

H. Processors shall only deliver waste tires and/or waste tire material to end-market users in the amount approved by the administrative authority and shall not deliver waste tires and/or waste tire material in anticipation, or prior to approval, of end-market use projects. Processors violating this provision shall promptly remove any improperly delivered whole tires and/or waste tire material and either properly dispose of and/or find another approved end-market use for the whole tires and/or waste tire material. In any case, the use of improperly delivered whole waste tires and/or waste tire material shall not entitle the processor to an additional payment from the waste tire management fund. In the event the processor chooses to properly dispose of the material, he shall reimburse the waste tire management fund for any payments received for the disposed material.

I. Mobile Processors

1. Only standard permitted processors shall be eligible to apply for mobile processor authorization certificates. Each applicant requesting a mobile processor authorization certificate pursuant to these regulations shall complete the mobile processor application in accordance with LAC 33:VII.10517.B.

2. The appropriate mobile processor application fee shall be submitted with the application in accordance with LAC 33:VII.10535.A.3.

3. The administrative authority will review the mobile processor authorization application and issue a mobile processor authorization certificate, if appropriate. Mobile processing operations are prohibited without a valid authorization certificate.

4. A mobile processor authorization certificate is valid for one year from the date of issuance. Mobile processors shall reapply in accordance with LAC 33:VII.10517.B on an annual basis, no later than 30 days prior to the expiration of the certificate.

5. For mobile waste tire processing, the processor shall operate only at an authorized collection center, a permitted processing facility, or other sites with prior written authorization from the administrative authority.

6. For mobile waste tire processing, the processor shall:

a. prohibit open burning;

b. provide fire protection at the processing location; and

c. locate processing equipment;

i. in an area of sufficient size and terrain to handle the processing operation;

ii. a minimum of 100 feet from all adjacent property lines, unless otherwise authorized by the administrative authority;

iii. away from utilities, such as power lines, pipelines, or potable water wells; and

iv. near roadways and entrances suitable for truck hauling waste tires and/or waste tire material.

7. Immediately upon processing, the waste tire material shall be deposited in a transportable collection container. All waste tire material shall be removed within 10 days from the date of processing.

8. No processed material shall be deposited on the ground at the processing location at any time.

9. Mobile processors shall submit a monthly report on or before the twelfth day of each month for the previous months activity, including months in which no activity occurred. This report shall be submitted on a form available on the departments website detailing the processing activities at the authorized location. The information in the report shall include, but is not limited to:

a. site physical address;

b. number of whole tires processed;

c. weight (in pounds) of processed material removed from the site, verified by certified scale weight tickets; and

d. number of tires remaining to be processed.

10. Mobile processors are responsible for notifying the administrative authority in writing within 10 days when any information on the mobile processor authorization application changes, prior to moving to another authorized location, or if operations cease.

J. Government agencies may operate tire splitting equipment for the purposes of volume reduction prior to disposal without a permit to process waste tires, provided they meet the requirements outlined in Paragraphs I.6-8 and 10 of this Section, and receive written authorization from the administrative authority before initiating any processing.

K. Processors shall maintain a complete set of records pertaining to manifested tires or waste tire material coming in or leaving their place of business. This shall include, but is not limited to, manifests, monthly reimbursement reports, records of all payments from/to end-markets, inventory records, logs, any documents related to out-of-state tire activity, and financial records. These records shall be maintained for a period of no less than five years and shall be made available for audit and/or inspection at the processors place of business during regular business hours.

L. After review, the administrative authority may, for cause, suspend, revoke, and/or modify the standard permit and/or mobile processor authorization by giving the processor a 60 day written notice of its intent to take the intended action, and allowing the processor an opportunity to demonstrate why the intended action should not be taken.

La. Admin. Code tit. 33, § VII-10525

Promulgated by the Department of Environmental Quality, Office of Solid and Hazardous Waste, Solid Waste Division, LR 18:41 (January 1992), amended LR 20:1001 (September 1994), LR 22:1213 (December 1996), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2779 (December 2000), LR 27:831 (June 2001), LR 27:2228 (December 2001), LR 28:1953 (September 2002), LR 29:2780 (December 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2503 (October 2005), LR 33:2159 (October 2007), Amended by the Office of the Secretary, Legal Division, LR 42259 (2/1/2016).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2411-2422.